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Guerin v. Sunburst Oil & Gas Co.

Supreme Court of Montana
218 P.949 (1923)


Facts

Mary Thornton entered into a lease with Gordon Campbell, permitting Mr. Campbell to enter Ms. Thornton’s land to explore for oil. The lease was not recorded. Several months later, Ms. Thornton gave James Rock an option to purchase her land, subject to the lease. This option was recorded. Five months later, Mr. Campbell assigned his lease to L.C. Stevenson, who then assigned the lease to Sunburst Oil & Gas Co. (defendant). Both assignments were recorded. Following these assignments, Ms. Thornton sold her property to Ms. Guerin (plaintiff). Ms. Guerin then sought an injunction to prevent Sunburst from exploring the land for oil. The trial court denied Ms. Guerin’s request. Ms. Guerin then petitioned for certiorari to the Supreme Court of Montana.

Rule of Law

Issue

Holding and Reasoning (Holloway, J.)

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